HB 1198-1_ Filed 01/27/2005, 11:04
Your Committee on Education , to which was referred House Bill 1198 , has had
the same under consideration and begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
SOURCE: Page 1, line 16; (05)AM119806.1. -->
Page 1, line 16, after "by" insert " ethnicity, gender, and
Page 2, line 1, delete "Physical aggression" and insert " Alcohol
Page 2, line 2, delete "Verbal aggression or profanity" and insert
Page 2, line 3, delete "Disruptive behavior" and insert "Deadly
weapons (other than firearms)
Page 2, line 4, delete "Defiance" and insert " Handguns
Page 2, line 5, delete "Attendance" and insert " Rifles or shotguns
Page 2, line 6, delete "Destruction of property" and insert " Other
Page 2, line 7, delete "Alcohol, drugs, and tobacco" and insert
Page 2, line 8, delete "Weapons" and insert " Attendance
Page 2, line 9, delete "Other" and insert " Destruction of property
Page 2, between lines 9 and 10, begin a new line block indented and
" (10) Legal settlement (under IC 20-8.1-5.1-11).
(11) Fighting (incident does not rise to the level of battery).
(12) Battery (IC 35-42-2-1).
(13) Intimidation (IC 35-45-2-1).
(14) Verbal aggression or profanity.
Page 2, between lines 11 and 12, begin a new paragraph and insert:
SOURCE: IC 20-8.1-5.1-7; (05)AM119806.2. -->
"SECTION 2. IC 20-8.1-5.1-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2005]: Sec. 7. (a) The governing
body of a school corporation must do the following:
(1) Establish written discipline rules, which may include :
(A) appropriate dress codes; and
(B) if applicable, an agreement for court assisted resolution
of school suspension and expulsion cases;
for the school corporation.
(2) Give general publicity to the discipline rules within a school
where the discipline rules apply by actions such as:
(A) making a copy of the discipline rules available to students
and students' parents; or
(B) delivering a copy of the discipline rules to students or the
parents of students.
This publicity requirement may not be construed technically and
is satisfied in any case when the school corporation makes a good
faith effort to disseminate to students or parents generally the text
or substance of a discipline rule.
(b) The superintendent of a school corporation and the principals of
each school in a school corporation may adopt regulations establishing
lines of responsibility and related guidelines in compliance with the
discipline policies of the governing body.
(c) The governing body of a school corporation may delegate rule
making, disciplinary, and other authority as reasonably necessary to
carry out the school purposes of the school corporation.
(d) Subsection (a) does not apply to rules or directions concerning
(1) Movement of students.
(2) Movement or parking of vehicles.
(3) Day-to-day instructions concerning the operation of a
classroom or teaching station.
(4) Time for commencement of school.
(5) Other standards or regulations relating to the manner in which
an educational function must be administered.
However, this subsection does not prohibit the governing body from
regulating the areas listed in this subsection.".
SOURCE: Page 2, line 21; (05)AM119806.2. -->
Page 2, line 21, delete "order" and insert " provide for
Page 2, line 29, delete "Order" and insert " Require
Page 3, between lines 22 and 23, begin a new paragraph and insert:
" Sec. 7. A student's appearance in court under this chapter shall
not be used against the child or the child's parents or guardians in
any subsequent court proceeding, including but not limited to any
delinquency or child in need of services matter under IC 31.
Sec. 8. All records of the student's court appearance shall be
expunged upon the student's completion of the out-of-school
suspension or expulsion program.
Sec. 9. A parent or guardian has the right to be present during
the student's court appearance, and, if the student or the student's
parent or guardian has legal counsel, the student and the student's
parent or guardian are entitled to have counsel present in court.
Page 3, line 23, delete "7" and insert " 10
Renumber all SECTIONS consecutively.
(Reference is to HB 1198 as introduced.)
and when so amended that said bill do pass.
AM119806/DI 109 2005